Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than 20 days after the date of execution of this Settlement Agreement, XXXx shall submit to the Court—and Novartis shall not oppose in any court, including on appeal—a motion (the “Preliminary Approval Motion”) requesting entry of an order preliminarily approving this Settlement, and authorizing dissemination of notice to the End-Payor Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Preliminary Approval Motion shall, inter alia:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Fed. R. Civ. P. 23, and in the best interests of the End-Payor Class;
b. request a schedule for a hearing by the Court after the notice period has expired to approve the Settlement and to consider EPP Counsel’s applications for attorneys’ fees, reimbursement of costs and expenses, and service awards as set forth in this Settlement Agreement;
c. request a stay of all proceedings against Novartis in the End-Payor Class Action until such time as the Court renders a final decision regarding the approval of the Settlement as described below in Paragraph 5, except those proceedings provided for or required by this Settlement Agreement;
d. seek approval of an escrow agreement regarding the Settlement consideration described below in Paragraph 7;
e. seek approval for notice to the End-Payor Class substantially in the form attached hereto as Exhibit B; include a proposed form of order (substantially in the form attached as the proposed plan of notice complies with Rule 23 and the requirements of due process; and
f. seek certification of the End-Payor Class as defined in Paragraph for purposes of settlement. After the Court preliminarily approves the Settlement, XXXx shall, in accordance with the Preliminary Approval Order, provide End-Payor Class members with notice of the Settlement pursuant to Rule 23 of the Federal Rules of Civil Procedure substantially in the form attached hereto as Exhibit B.
Motion for Preliminary Approval of the Settlement. Following the execution 13 of the Settlement Agreement by all parties, Class Counsel shall prepare and file a motion 14 requesting preliminary approval of the Settlement, and authorizing dissemination of notice to the 15 Class. The motion for preliminary approval shall include a proposed form of order in the form 16 substantially as in Exhibit C hereto: 17 (a) requesting preliminary approval of the Settlement as fair, reasonable, and adequate 18 within the meaning of Fed. R. Civ. P. 23, and finding that dissemination of notice to the End-Payor Class is warranted;
Motion for Preliminary Approval of the Settlement. As previously directed by the Court, Plaintiffs shall submit to the Court – and Defendants shall support – a motion (the “Motion”) requesting entry of an order certifying the Direct Purchaser Class, preliminarily approving the settlement, and authorizing dissemination of notice to the Direct Purchaser Class (the “Preliminary Approval Order”). The Motion shall:
(a) provide the definition of the Class to be certified by the Court pursuant to this Settlement Agreement;
(b) request preliminary approval of the Settlement as fair, reasonable and adequate within the meaning of Fed. R. Civ. P. 23;
(c) seek the appointment of the law firms of Faruqi & Faruqi LLP, Xxxxxx Xxxxxx Xxxxx Xxxxxxx LLP, Xxxxxx & Xxxxxxxx, P.C., and Grant & Eisenhofer P.A. as Plaintiffs’ Counsel under Fed. R. Civ. P. 23(g);
(d) request a stay of all proceedings against Defendants in the Direct Purchaser Class Action, except those proceedings provided for or required by this Settlement Agreement; and
(e) seek approval for notice to the Class by means of direct first-class United States mail notice in the form substantially as set forth in Exhibit A hereto. Direct Purchaser Plaintiffs’ Counsel will effectuate notice to the Class by first-class United States mail. Defendants shall not have any liability with respect to giving notice of this Settlement Agreement to members of the Class, including, but not limited to, the expense and cost of such notice.
(f) include a proposed form of order, which includes such provisions as are typical in such orders, including (a) a finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and (b) a provision that if final approval of the settlement is not obtained, the settlement is null and void and the parties will revert to their positions ex ante without prejudice to their rights, claims, or defenses.
Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than twenty (20) business days after the date of execution of this Settlement Agreement (or earlier if required by the Court), Plaintiffs and the Direct Purchaser Classes shall submit to the Court, and Ranbaxy shall support, a motion seeking entry of an order preliminarily approving the Settlement substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”)—
a) preliminarily approving the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate, and in the best interests of the Direct Purchaser Classes, pursuant to Federal Rule of Civil Procedure 23;
b) staying all proceedings in this Action on behalf of Plaintiffs and the Direct Purchaser Classes against Ranbaxy, except those proceedings provided for in or required by this Settlement Agreement;
c) approving the form and manner of notice, which provides for dissemination of notice, substantially in the form of Exhibit B hereto, by U.S. mail and, where possible, email to all Class Members, except pursuant to CAFA, Ranbaxy shall serve notices as required under CAFA within ten (10) business days from the date Plaintiffs file the Settlement Documents with the Court. Ranbaxy shall bear any costs associated with such CAFA notices and contemporaneously provide Class Counsel with copies of any such notices;
d) appointing a settlement administrator and escrow agent; and
e) setting a final settlement schedule and date for a final approval hearing by the Court after the notice period has expired to approve the Settlement, the proposed allocation plan, and Lead Class Counsel’s application for an award of attorneys’ fees and reimbursement of expenses, and Plaintiffs’ application for Incentive Awards.
Motion for Preliminary Approval of the Settlement. Plaintiffs shall draft a motion for preliminary approval of the Settlement and all necessary supporting documents, which shall be consistent with this Settlement Agreement and which Dartmouth shall have a right to review and approve (which approval shall not be unreasonably withheld). Dartmouth may suggest revisions, which Plaintiffs agree to consider in good faith, as long as Dartmouth provides its suggested revisions or comments within seven (7) business days of having received any such document or documents from Plaintiffs, or such other time as the Settling Parties may agree. Unless the Settling Parties agree otherwise, Plaintiffs will file the motion for preliminary approval with the Court no later than 45 days after the execution of this Settlement Agreement. Dartmouth understands and accepts that Plaintiffs may file for preliminary approval of this Settlement jointly with other settlements in this Action. Nothing in this Settlement Agreement shall prevent Plaintiffs from consummating settlements with other Defendants in this Action or from including such settlements as part of a joint preliminary approval motion. The motion for preliminary approval shall include a proposed form of order substantially similar to Exhibit A, including:
Motion for Preliminary Approval of the Settlement. As soon as possible and in no event later than twenty (20) business days after the date of execution of this Settlement Agreement (or earlier if required by the Court), Plaintiffs and the End Payor Classes shall submit to the Court, and Ranbaxy shall support, a motion seeking entry of an order preliminarily approving the Settlement substantially in the form of Exhibit A hereto (the “Preliminary Approval Order”):
a. Preliminarily approving the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate and in the best interests of End Payor Classes, pursuant to Federal Rule of Civil Procedure 23;
Motion for Preliminary Approval of the Settlement. As soon as practical after the execution of this Agreement, but in all events no later than June 3, 2019 (unless otherwise agreed to by the Parties), the Parties shall file with the Court a motion seeking preliminary approval of the Settlement reflected in this Agreement. ICOT agrees to cooperate in obtaining a preliminary approval order, but that shall not be an admission by ICOT that a class and/or relief would have been appropriate in the Litigation.
Motion for Preliminary Approval of the Settlement. As soon as practical after the execution of this Agreement, but in all events no later than September 13, 2019 (unless otherwise agreed to by the Parties), the Parties shall file with the Court a motion seeking preliminary approval of the Settlement reflected in this Agreement. Settling Defendant agrees to cooperate in obtaining a preliminary approval order, but that shall not be an admission by Settling Defendant that a class and/or relief would have been appropriate in the Litigation.
Motion for Preliminary Approval of the Settlement. No later than five (5) days after the Execution Date, Class Counsel shall (a) move for preliminary approval of the Settlement Agreement and conditional certification of the Settlement Class (the “Motion for Preliminary Approval of the Settlement”), and (b) file the Settlement Agreement as an exhibit to the Motion for Preliminary Approval of the Settlement. Simultaneously, the Class Representatives will move for class certification pursuant to Fla. R. Civ. P. 1.220(b)(3) for purposes of the Settlement.
8.1.1 The Parties agree to take all actions reasonably necessary to obtain the Preliminary Approval Order from the Court.
8.1.2 The Parties recognize that there may be further pleadings, discovery responses, documents, testimony, or other matters or materials owed by the Parties to each other in the Litigation pursuant to existing pleading requirements, discovery requests, pretrial rules, procedures, orders, decisions, or otherwise. As of the Execution Date, each Party expressly waives any right to receive, inspect, or hear such pleadings, discovery, testimony, or other matters or materials during the pendency of the settlement proceedings contemplated by this Settlement Agreement and subject to further order of the Court.
8.1.3 The Parties agree that any certification of the Settlement Class will be for settlement purposes only. The Parties do not waive or concede any position or arguments they have for or against certification of any class for any other purpose in any action or proceeding. Any class certification order entered in connection with this Settlement Agreement will not constitute an admission by any Settling Party, or finding or evidence, that the Class Representatives’ claims, or the claims of any other Settlement Class Member, or the claims of the Settlement Class, are appropriate for class treatment if the claims were contested in this or any other federal, state, arbitral, or foreign forum.
Motion for Preliminary Approval of the Settlement. Plaintiff shall submit to the Court—and Actavis and Merz shall take no position regarding—a motion (the “Motion”) requesting entry of an order preliminarily approving the Settlement, and authorizing dissemination of notice to the Indirect Purchaser Class (the “Preliminary Approval Order”) substantially in the form of Exhibit A hereto. The Motion, which Actavis and Merz shall have the reasonable opportunity to review in advance of Plaintiff filing, shall:
a. request preliminary approval of the Settlement set forth in this Settlement Agreement as fair, reasonable, and adequate within the meaning of Federal Rule of Civil Procedure 23, and in the best interests of the Indirect Purchaser Class;
b. seek appointment of a notice administrator;
c. seek appointment of an Escrow Agent (as defined in Paragraph 6 below);
d. request a stay of all proceedings against Xxxxxxx and Merz in the Indirect Purchaser Class Action, except those proceedings provided for or required by this Settlement Agreement;
e. seek approval for class notice by means of notice substantially in the form attached hereto as Exhibit B; and
f. include a proposed form of order, which includes such provisions as are typical in such orders, including a finding that the proposed plan of notice complies with Rule 23 and the requirements of due process, and a provision that if final approval of the Settlement is not obtained, the Settlement is null and void and the Parties will revert to their positions ex ante without prejudice to their rights, claims, or defenses as of October 4, 2022.
